  SEQ CHAPTER \h \r 1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION I

5 POST OFFICE SQUARE, SUITE 100

BOSTON, MASSACHUSETTS 02109-3912

MEMORANDUM

SUBJECT:	Tribal Technical Consultation: Maine Water Quality Standards
options for promulgation

FROM:	Michael Stover, EPA Region 1 Indian Program Manager

TO:		file

DATE: 	March 31, 2016

On Thursday, July 30 2015 from 2:30 – 4:00pm, a technical conference
call was held with the Maine tribal environmental directors regarding
the application of water quality standards pertaining to waters in
Indian lands in Maine. Present on the conference call were:

Fred Corey, Environmental Director, Aroostook Band of Micmacs

Sue Young, Natural Resources Director, Houlton Band of Maliseet Indians

Sharri Venno, Environmental Planner, Houlton Band of Maliseet Indians

Jane Stedman, Attorney, Kanji & Katzen (Houlton Band of Maliseet
Indians)

John Banks, Natural Resources Director, Penobscot Indian Nation

Dan Kusnierz, Water Program Manager, Penobscot Indian Nation

Marvin Cling, Environmental Planner, Passamaquoddy Tribe at Pleasant
Point

Trevor White, Environmental Director, Passamaquoddy Tribe at Indian
Township

Martin Dana, Environmental Director, Passamaquoddy Tribe at Indian
Township

Carl Dierker, Director, Office of Regional Counsel, EPA Region 1

Tim Williamson, Deputy Director, Office of Regional Counsel, EPA Region
1

Ken Moraff, Director, Office of Ecosystem Protection, EPA Region 1

Ann Williams, Office of Regional Counsel, EPA Region 1

Ellen Weitzler, Municipal Permits Section Chief, EPA Region 1

Jeanne Voorhees, Water Quality Standards Coordinator, EPA Region 1

Matt Hoagland, Branch Chief, Wetlands, EPA Region 1

Sara Levinson, Office of Regional Administrator, EPA Region 1

Michael Stover, Indian Program Manager, EPA Region 1

During the call, EPA relayed to the Maine tribes that the three sets of
disapprovals issued in February, March and June of 2015 spurred a need
for establishing protective standards pertaining to waters in Indian
lands in Maine. EPA communicated that while EPA remains hopeful that
Maine will take appropriate action, EPA has not received assurance from
the State that this will happen. EPA is therefore beginning the work to
support a federal promulgation if necessary, and is soliciting the
tribes’ views under this technical consultation call.

EPA discussed several potential promulgation approaches, including
whether to concentrate on human health criteria first, followed by
aquatic life criteria and other disapprovals, or work towards
promulgating standards all at once.

Dan Kusnierz relayed that HHC was the most important category of WQS for
the Penobscot Indian Nation. Trevor White of the Passamaquoddy Tribe at
Indian Township suggested a broadest possible approach for promulgation
instead of a categorical approach, and Fred Corey of the Aroostook Band
of Micmacs concurred.

The Maine tribes provided no additional feedback.

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